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NCAT Appeal Panel | 2014-04-09
Tenants were terminated for non-payment of rent following an uncontested hearing where the landlord's agent gave evidence and the Member recorded findings in hearing notes. The tenants sought leave to internally appeal under s 80(2)(b) but did not raise any question of law; therefore leave required. Clause 12 Schedule 4 requires showing the appellant 'may have suffered a substantial miscarriage of justice' because the decision was unfair, against the weight of evidence, or there is significant new evidence. The tenants relied on phone logs and asserted contact and willingness to pay. The Appeal Panel found the record disclosed arrears and necessary findings, the phone logs were not fresh or persuasive, and there was no denial of procedural fairness. Leave was refused, the appeal dismissed, and the stay of the original orders lifted.
1,627 case citations
Before: M Osborne J
Before: Barrett AsJ
Before: Berman AJ
Before: Moore J
Before: Colvin J
Before: Adamson JA
The Court ordered the appellant to provide $100,000 security for the first respondent’s appeal costs. It found special circumstances from the combined effect of the appellant’s limited role in the original trial compared with her broad appeal, the contradictor’s decision not to appeal, weak apparent prospects, and concerns about enforcement if the appellant had assets only in the United Kingdom. Because the appellant gave no evidence about her finances, she did not establish that the security would prevent her from pursuing the appeal. The order set deadlines and stated that non-compliance would lead first to a stay and then dismissal. This was a procedural decision, not a decision of the appeal’s merits.
Before: G Sarginson, Deputy President
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Before: Young AC